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8873                                                                                                                         OMB No. 1545-1722
                                              Extraterritorial Income Exclusion
Form
                                                                                                                                           2008
                                                                   Attach to your tax return.
                                                                                                                                      Attachment
Department of the Treasury                                         See separate instructions.                                                        126
                                                                                                                                      Sequence No.
Internal Revenue Service
Name(s) as shown on return                                                                                            Identifying number


Part I           Elections and Other Information
 1       Check the box if you are electing under section 942(a)(3) to exclude a portion of your gross receipts from foreign trading gross
         receipts on line 15. Attach a schedule indicating which receipts are being excluded
 2       Check the box if you are electing to apply the extraterritorial income exclusion provisions to certain transactions involving a FSC
         (see instructions). Attach a schedule listing the affected transactions
 3       Check the box if the taxpayer is a foreign corporation electing to be treated as a domestic corporation (see instructions)
 4a      Are you excepted from the foreign economic process requirements because your foreign trading gross
         receipts are $5 million or less?                                                                                       Yes        No
     b   If “No,” check the applicable box to indicate how you met the foreign economic process requirements:
         (1)     You met the 50% foreign direct cost test (see instructions).
         (2)     You met the alternative 85% foreign direct cost test (see instructions).
 5       See instructions before completing lines 5a through 5c. Note: For transactions for which the exclusion is determined using
         the foreign sale and leasing income method (i.e., line 44 equals line 45), complete only lines 5a and 5c(1).
     a   Business activity code                                                  b Product or product line
     c   Check the applicable box to indicate the basis of your reporting:
         (1) Transaction-by-transaction:
           (a)     Aggregate on Form 8873            (b)    Aggregate on tabular schedule          (c)     Tabular schedule of transactions
         (2)       Group of transactions
Part II          Foreign Trade Income and Foreign Sale and Leasing Income
         Caution: If a related person is also eligible for an extraterritorial income                      (a) Foreign Trade         (b) Foreign Sale and
                                                                                                                Income                 Leasing Income
         exclusion, see Excluded property in the instructions.
                                                                                                      6
 6       Sale, exchange, or other disposition of qualifying foreign trade property
 7       Enter the amount from line 6, column (a), attributable to the sale of property
                                                                                                      7
         formerly leased or rented for use by the lessee outside the United States
 8       Lease or rental of qualifying foreign trade property for use by the lessee
                                                                                                      8
         outside the United States. Enter the same amount in both columns
 9       Services related and subsidiary to the sale, exchange, or other disposition of
                                                                                                      9
         qualifying foreign trade property
10       Enter the amount from line 9, column (a), attributable to the sale of property
                                                                                                     10
         formerly leased or rented for use by the lessee outside the United States
11       Services related and subsidiary to the lease of qualifying foreign trade property for use
                                                                                                     11
         by the lessee outside the United States. Enter the same amount in both columns
                                                                                                     12
12       Engineering or architectural services for construction projects outside the United States
                                                                                                     13
13       Managerial services provided to unrelated persons (see instructions)
14       Enter the sum of the amounts from lines 6, 9, 12, and 13 of column (a)
         attributable to foreign economic processes. Do not include any amounts
                                                                                                     14
         already included on lines 7, 8, 10, or 11 in column (b)
                                                                                                     15
15       Foreign trading gross receipts. Add lines 6 through 13 in column (a)
                                                                                                     16
16       Add lines 7 through 14 in column (b)
17       Cost of goods sold:
                                                                                                     17a
   a     Inventory at beginning of year
                                                                                                     17b
  b      Purchases
                                                                                                     17c
  c      Cost of labor
                                                                                                     17d
  d      Additional section 263A costs (attach schedule)
                                                                                                     17e
  e      Other costs (attach schedule)
                                                                                                     17f
   f     Total. Add lines 17a through 17e
                                                                                                     17g
  g      Inventory at end of year
                                                                                                     17h
  h      Subtract line 17g from line 17f
         In column (a), subtract line 17h from line 15. In column (b), subtract line 17h
18
                                                                                                     18
         from line 16
                                                                                                     19
19       Other expenses and deductions (see instructions) (attach schedule)
20       Foreign trade income. In column (a), subtract line 19 from line 18. If -0- or
                                                                                                     20
         less, stop here. You do not qualify for the exclusion
         Foreign sale and leasing income. In column (b), subtract line 19 from line 18
21                                                                                                   21
                                                                                                                                                  8873
For Paperwork Reduction Act Notice, see instructions.                                        Cat. No. 30732F                               Form          (2008)
2
Form 8873 (2008)                                                                                                                           Page
Part III  Marginal Costing (Note: If you are not using Marginal Costing, skip Part III and go to Part IV.
                                                                                                        )
Section A — Foreign Trade Income Using Marginal Costing Method
                                                                                                                           22
22       Foreign trading gross receipts. Enter the amount from line 15
23       Costs and expenses allocable to the amount reported on line 22:
                                                                                      23a
     a   Cost of direct material attributable to property sold
                                                                                      23b
     b   Cost of direct labor attributable to property sold
                                                                                                                           23c
     c   Add lines 23a and 23b
                                                                                                                            24
24       Subtract line 23c from line 22
                                                                                                                            25
25       Worldwide gross receipts from sales of the product or product line
26       Costs and expenses allocable to the amount reported on line 25:
                                                                                      26a
     a   Cost of goods sold attributable to property sold
                                                                                      26b
     b   Other expenses and deductions attributable to gross income
                                                                                                                           26c
     c   Add lines 26a and 26b
27       Subtract line 26c from line 25. (Note: If -0- or less, stop here. You may not use Part III to determine
                                                                                                                           27
         your qualifying foreign trade income. Go to line 37.)
28       Overall profit percentage. Divide line 27 by line 25. Carry the result to at least three decimal
                                                                                                                           28
         places
                                                                                                                           29
29       Overall profit percentage limitation. Multiply line 22 by line 28
30       Foreign trade income using marginal costing. Enter the smaller of line 24 or line 29                              30
Section B — 15% of Foreign Trade Income Method
                                                                                                                           31
31       Multiply line 30 by 15% (.15)
                                                                                                                           32
32       Foreign trade income using full costing. Enter the amount from line 20
33       Enter the smaller of line 31 or line 32                                                                           33
Section C — 1.2% of Foreign Trading Gross Receipts Method
                                                                                                                           34
34       Multiply line 22 by 1.2% (.012)
                                                                                                                           35
35       Multiply line 30 by 30% (.30)
36       Enter the smallest of lines 32, 34, or 35                                                                         36
Part IV          Extraterritorial Income Exclusion (Net of Disallowed Deductions)
                                                                                                                           37
37       Enter your foreign trade income from line 20
                                                                                                                           38
38       Multiply line 37 by 15% (.15)
                                                                                             39
39       Enter your foreign trading gross receipts from line 15
                                                                                             40
40       Multiply line 39 by 1.2% (.012)
                                                                                             41
41       Multiply line 38 by 2.0
                                                                                                                           42
42       Enter the smaller of line 40 or line 41
                                                                                                                           43
43       Enter your foreign sale and leasing income from line 21
                                                                                                                           44
44       Multiply line 43 by 30% (.30)
45       Enter the greatest of lines 33, 36, 38, 42, or 44. If you are using the alternative computation,
                                                                                                                           45
         see instructions for the amount to enter
         Note: If you do not have a reduction for international boycott operations, illegal bribes, kickbacks, etc. (see
         the instructions for line 50), skip lines 46 through 51 and enter on line 52 the amount from line 45.
46       If line 44 equals line 45, divide the amount on line 45 by the amount
         on line 43. Otherwise, divide the amount on line 45 by the amount on
                                                                                    46
         line 37. Carry the result to at least three decimal places
47       If line 44 equals line 45, enter the amount from line 19, column (b).
                                                                                    47
         Otherwise, enter the amount from line 19, column (a)
                                                                                                                           48
48       Multiply line 46 by line 47
                                                                                                                           49
49       Add lines 45 and 48
                                                                                                                           50
50       Reduction for international boycott operations, illegal bribes, kickbacks, etc. (see instructions)
51       Qualifying foreign trade income. Subtract line 50 from line 49. If -0- or less, stop here. You do
                                                                                                                           51
         not qualify for the exclusion
52       Extraterritorial income exclusion (net of disallowed deductions). Subtract line 48 from line 51.
         Enter the result here and include it on the “other deductions” line of your tax return or schedule
         (see instructions)                                                                                                52
                                                                                                                                        8873
                                                                                                                                 Form          (2008)

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Form 8873 Extraterritorial Income Exclusion

  • 1. 8873 OMB No. 1545-1722 Extraterritorial Income Exclusion Form 2008 Attach to your tax return. Attachment Department of the Treasury See separate instructions. 126 Sequence No. Internal Revenue Service Name(s) as shown on return Identifying number Part I Elections and Other Information 1 Check the box if you are electing under section 942(a)(3) to exclude a portion of your gross receipts from foreign trading gross receipts on line 15. Attach a schedule indicating which receipts are being excluded 2 Check the box if you are electing to apply the extraterritorial income exclusion provisions to certain transactions involving a FSC (see instructions). Attach a schedule listing the affected transactions 3 Check the box if the taxpayer is a foreign corporation electing to be treated as a domestic corporation (see instructions) 4a Are you excepted from the foreign economic process requirements because your foreign trading gross receipts are $5 million or less? Yes No b If “No,” check the applicable box to indicate how you met the foreign economic process requirements: (1) You met the 50% foreign direct cost test (see instructions). (2) You met the alternative 85% foreign direct cost test (see instructions). 5 See instructions before completing lines 5a through 5c. Note: For transactions for which the exclusion is determined using the foreign sale and leasing income method (i.e., line 44 equals line 45), complete only lines 5a and 5c(1). a Business activity code b Product or product line c Check the applicable box to indicate the basis of your reporting: (1) Transaction-by-transaction: (a) Aggregate on Form 8873 (b) Aggregate on tabular schedule (c) Tabular schedule of transactions (2) Group of transactions Part II Foreign Trade Income and Foreign Sale and Leasing Income Caution: If a related person is also eligible for an extraterritorial income (a) Foreign Trade (b) Foreign Sale and Income Leasing Income exclusion, see Excluded property in the instructions. 6 6 Sale, exchange, or other disposition of qualifying foreign trade property 7 Enter the amount from line 6, column (a), attributable to the sale of property 7 formerly leased or rented for use by the lessee outside the United States 8 Lease or rental of qualifying foreign trade property for use by the lessee 8 outside the United States. Enter the same amount in both columns 9 Services related and subsidiary to the sale, exchange, or other disposition of 9 qualifying foreign trade property 10 Enter the amount from line 9, column (a), attributable to the sale of property 10 formerly leased or rented for use by the lessee outside the United States 11 Services related and subsidiary to the lease of qualifying foreign trade property for use 11 by the lessee outside the United States. Enter the same amount in both columns 12 12 Engineering or architectural services for construction projects outside the United States 13 13 Managerial services provided to unrelated persons (see instructions) 14 Enter the sum of the amounts from lines 6, 9, 12, and 13 of column (a) attributable to foreign economic processes. Do not include any amounts 14 already included on lines 7, 8, 10, or 11 in column (b) 15 15 Foreign trading gross receipts. Add lines 6 through 13 in column (a) 16 16 Add lines 7 through 14 in column (b) 17 Cost of goods sold: 17a a Inventory at beginning of year 17b b Purchases 17c c Cost of labor 17d d Additional section 263A costs (attach schedule) 17e e Other costs (attach schedule) 17f f Total. Add lines 17a through 17e 17g g Inventory at end of year 17h h Subtract line 17g from line 17f In column (a), subtract line 17h from line 15. In column (b), subtract line 17h 18 18 from line 16 19 19 Other expenses and deductions (see instructions) (attach schedule) 20 Foreign trade income. In column (a), subtract line 19 from line 18. If -0- or 20 less, stop here. You do not qualify for the exclusion Foreign sale and leasing income. In column (b), subtract line 19 from line 18 21 21 8873 For Paperwork Reduction Act Notice, see instructions. Cat. No. 30732F Form (2008)
  • 2. 2 Form 8873 (2008) Page Part III Marginal Costing (Note: If you are not using Marginal Costing, skip Part III and go to Part IV. ) Section A — Foreign Trade Income Using Marginal Costing Method 22 22 Foreign trading gross receipts. Enter the amount from line 15 23 Costs and expenses allocable to the amount reported on line 22: 23a a Cost of direct material attributable to property sold 23b b Cost of direct labor attributable to property sold 23c c Add lines 23a and 23b 24 24 Subtract line 23c from line 22 25 25 Worldwide gross receipts from sales of the product or product line 26 Costs and expenses allocable to the amount reported on line 25: 26a a Cost of goods sold attributable to property sold 26b b Other expenses and deductions attributable to gross income 26c c Add lines 26a and 26b 27 Subtract line 26c from line 25. (Note: If -0- or less, stop here. You may not use Part III to determine 27 your qualifying foreign trade income. Go to line 37.) 28 Overall profit percentage. Divide line 27 by line 25. Carry the result to at least three decimal 28 places 29 29 Overall profit percentage limitation. Multiply line 22 by line 28 30 Foreign trade income using marginal costing. Enter the smaller of line 24 or line 29 30 Section B — 15% of Foreign Trade Income Method 31 31 Multiply line 30 by 15% (.15) 32 32 Foreign trade income using full costing. Enter the amount from line 20 33 Enter the smaller of line 31 or line 32 33 Section C — 1.2% of Foreign Trading Gross Receipts Method 34 34 Multiply line 22 by 1.2% (.012) 35 35 Multiply line 30 by 30% (.30) 36 Enter the smallest of lines 32, 34, or 35 36 Part IV Extraterritorial Income Exclusion (Net of Disallowed Deductions) 37 37 Enter your foreign trade income from line 20 38 38 Multiply line 37 by 15% (.15) 39 39 Enter your foreign trading gross receipts from line 15 40 40 Multiply line 39 by 1.2% (.012) 41 41 Multiply line 38 by 2.0 42 42 Enter the smaller of line 40 or line 41 43 43 Enter your foreign sale and leasing income from line 21 44 44 Multiply line 43 by 30% (.30) 45 Enter the greatest of lines 33, 36, 38, 42, or 44. If you are using the alternative computation, 45 see instructions for the amount to enter Note: If you do not have a reduction for international boycott operations, illegal bribes, kickbacks, etc. (see the instructions for line 50), skip lines 46 through 51 and enter on line 52 the amount from line 45. 46 If line 44 equals line 45, divide the amount on line 45 by the amount on line 43. Otherwise, divide the amount on line 45 by the amount on 46 line 37. Carry the result to at least three decimal places 47 If line 44 equals line 45, enter the amount from line 19, column (b). 47 Otherwise, enter the amount from line 19, column (a) 48 48 Multiply line 46 by line 47 49 49 Add lines 45 and 48 50 50 Reduction for international boycott operations, illegal bribes, kickbacks, etc. (see instructions) 51 Qualifying foreign trade income. Subtract line 50 from line 49. If -0- or less, stop here. You do 51 not qualify for the exclusion 52 Extraterritorial income exclusion (net of disallowed deductions). Subtract line 48 from line 51. Enter the result here and include it on the “other deductions” line of your tax return or schedule (see instructions) 52 8873 Form (2008)